Neutral Citation No. - 2025:AHC-LKO:7228 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1026 of 2025 Applicant :- Budhana Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Rajesh Kumar, learned counsel for the applicant and Shri Ravi Shankar Maurya, learned AGA for the State- respondent. 2. This bail application has been filed on behalf of the applicant praying for release on bail in Case Crime No.309 of 2024 under Section 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, police station Dhanepur, District Gonda. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated as she has not committed any offence as alleged and is in jail since 03.12.2024 in the aforesaid case crime. 4. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein the allegation of beating, torturing and demanding dowry has been levelled against all accused persons including the present applicant. The present applicant is the mother-in-law of the deceased. As per the inquest report there are no mark of any injury over the body of deceased except a blur ligature mark on the neck and two minor injuries, one on left arm and second on left eye, and that may be caused of account of putting down the body of the victim/ deceased from the rope. 5. Besides, the present applicant is a lady, therefore, she may be given the benefit of Section 480 BNSS. The applicant has no prior criminal history of any kind whatsoever. Therefore, if the present applicant is enlarged on bail, she undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. 6. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 7. Having heard the learned counsel for the parties and having perused the material on record and considering the fact that the present applicant is an old aged lady of 55 years, she may be granted the benefit of Section 480 BNSS, therefore, considering the undertaking given by the applicant that she will not misuse the liberty of bail if granted to her and that she shall cooperate in the trial proceedings. 8. Accordingly, the bail application is allowed. 9. Let applicant- Budhana Devi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan, J.) Order Date :- 4.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench